Ramesh Sharnagat vs The State Of Madhya Pradesh
2023 Latest Caselaw 15452 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                                  CRA No. 12509 of 2022
                   (RAMESH SHARNAGAT Vs THE STATE OF MADHYA PRADESH)

Dated : 20-09-2023
       Shri Manish Datt - Senior Advocate with Shri Kuldeep Kushwaha -

Advocate for appellant.
       Smt. Sarita Tiwari - Panel Lawyer for respondent/State.

       Reserved on            :       12.09.2023
       Pronounced on              :    20.09.2023.

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       Arguments of counsel for both the parties are heard at length.

       Judgment and record of the Court below perused.

                                       ORDER

Heard on I.A No.10187/2023, which is the second application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of the appellant. His first application was dismissed as withdrawn with liberty to renew the prayer after four months.

The appellant has been convicted for the offences punishable under Sections 468 and 471 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.7,000/- and R.I. for 2 years with fine of Rs.1,000/- respectively, with default stipulation.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offence.

Appellant is in custody and the appeal would take considerable time to conclude. He is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State has opposed the application and prays for its rejection.

Heard counsel for the parties and perused the record. Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentences awarded to the appellants under the impugned judgment deserves to

be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 28.11.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the I.A. No.10187/2023 stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

rv Digitally signed by REENA HIMANSHU SHARMA Date: 2023.09.21 15:38:30 +05'30'